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The agreement between the Kyrgyz Republic and Ukraine on the simplified procedure for change of nationality by the citizens of the Kyrgyz Republic who are constantly living in Ukraine and the citizens of Ukraine who are constantly living in the Kyrgyz Republic, and prevention of cases of statelessness and double citizenship

of January 28, 2003

The Kyrgyz Republic and Ukraine which are hereinafter referred to as with "Contracting parties"

proceeding from aspiration of two countries to preserving and consolidation of historically developed friendly bonds concerning providing to their citizens of human rights and freedoms,

wishing to provide favorable conditions for realization them by citizens of the right to nationality change,

aiming to prevent cases of statelessness and double citizenship,

agreed as follows:

Article 1

1. Each Contracting Party will provide to the citizens of other Contracting Party who are constantly living on legal causes in its territory the right to the simplified procedure for acquisition of nationality in the presence of one of the following conditions:

a) if the applicant or at least one of his parents (adoptive parents or adopters), the grandfather or the grandmother were born or constantly on legal causes lived in the territory of the Contracting Party of acquired nationality;

b) in the presence at the applicant at least one of the close relatives who are constantly living on legal causes in the territory of the Contracting Party of acquired nationality and being her citizens: the spouse (spouses), one of parents (adoptive parents or adopters), the child (including adopted or adopted), sisters, the brother, the grandfather or the grandmother, the grandson (granddaughter).

2. Action of provisions of part one of this Article does not extend to persons who:

a) committed crimes against humanity or performed genocide, or committed crimes against the state, or serious crimes against the personality;

b) are condemned to imprisonment - before removal of criminal record;

c) are under examination or avoid punishment, or committed crimes in the territory of one of Contracting Parties, or the third state;

d) consist in nationality of other states.

Article 2

1. For nationality change the citizen of one Contracting Party represents at the permanent address to competent authorities of other Contracting Party:

- statement questionnaire;

- three photographs;

- the document confirming availability of one of the conditions provided in Article 1 of this agreement;

- the document confirming permanent residence on legal causes in the territory of the Contracting Party of acquired nationality;

- the copy of one of documents which according to the national legal system of the Contracting Party of the stopped nationality are confirmed by belonging to her nationality.

2. Based on these documents competent authorities of the Contracting Party which the applicant addressed draw up acquisition of her nationality by him no more than three months from the date of submission of the specified documents in time.

3. Within ten days after registration of acquisition by person of new nationality, competent authorities of the Contracting Party of the acquired nationality issue to person the document confirming the acquired nationality withdraw the document confirming the stopped nationality and send it through diplomatic channels to the Contracting Party of the stopped nationality together with the message on the fact of registration of acquisition of nationality with indication of its date.

4. Within two months after receipt of the message on registration of acquisition by person of new nationality the Contracting Party of the stopped nationality draws up the termination of nationality and reports about it to the Contracting Party of the acquired nationality.

5. Date of registration of acquisition of nationality of one of Contracting Parties will be date of the termination of nationality of other Contracting Party.

6. Contracting parties exempt persons specified in part one of Article 1 of this agreement from payment of all mandatory fees and duties connected with the termination and acquisition of nationality of Contracting Parties according to this agreement.

Article 3

1. In case of change of nationality of parents owing to which both become citizens of one of Contracting Parties nationality of their minor children changes respectively.

2. Nationality of minor children, one of parents of which is citizen of one of Contracting Parties, and other parent acquires nationality of other Contracting Party, is determined by the agreement of parents which shall be expressed in the application submitted according to Article 2 of this agreement.

If parents did not come to the agreement on occasion of change of nationality of minor children, the child is citizen of that Contracting Party in the territory of which parents constantly live.

3. Minor children whose parents live separately keep nationality of that from parents on which education they are if other agreement between parents about it did not take place.

4. Nationality of minor children does not change in case of change of nationality of the parents deprived of the parent rights. On change of nationality of minor children the consent of the parents deprived of the parent rights is not required.

5. Change of nationality of minor children aged from 14 up to 18 years in case of change of nationality both or one of parents can happen only with the consent of minor children, stated in writing and certified notarially.

Article 4

1. The questions which are not settled by this agreement are regulated by the national legal system of Contracting Parties.

2. If the national legal system of Contracting Parties identifies for any category persons more preferential terms of acquisition of nationality, then in this case the national legal system of Contracting Parties is applied.

Article 5

1. The questions connected with interpretation and application of this agreement are solved by consultations, negotiations or exchange of notes between Contracting Parties.

2. Contracting parties by mutual consent can make to this agreement the additions and changes which are drawn up by separate protocols which after entry into force according to the procedure, stipulated in Article the 6th this agreement, will be its integral part.

Article 6

This agreement is subject to ratification and becomes effective for the tenth day from the date of exchange of Contracting Parties of instruments of ratification.

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